Penalties6

1

Subject to paragraph (2), the obligations imposed on operators by Article 5 (documentation), Article 7 (labelling) and Article 8 (notification of the competent authorities) of the Community Regulation shall be treated as if they are requirements imposed on them by regulations made under section 13(1) of the 1990 Act (regulations about scheduled substances) and as if references in those Articles to scheduled substances are references to scheduled substances within the meaning of Part 2 of that Act.

2

Where a person is convicted of an offence contrary to section 13(5) of the 1990 Act as a result of the application of paragraph (1), section 13(5)(a) of the 1990 Act shall have effect as if for the words “6 months” there are substituted the words “ 3 months ”.

3

For the purposes of this regulation section 45 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007 M1 shall not apply to section 13(5) of the 1990 Act.